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HomeMy WebLinkAbout2021-06-30-1081 ESTABLISHING THE POWERS AND DUTIES OF MUNICIPAL OFFICERS §108.1. General Duties. Each municipal officer shall exercise the powers and perform the duties prescribed by law and ordinance as otherwise directed by the council unless contrary to state law or city charter. §108.2. Books and Records. All books and records required to be kept by law or ordinance shall be open to inspection by the public upon request. §108.3. Deposits of Municipal Funds. Prior to the fifth day of each month, each office or department shall deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the city clerk together with receipts indicating the sources thereof and obtaining a receipt from the clerk for the funds, or deposit the funds directly in the city’s bank account and give the city clerk a duplicate receipted deposit slip together with his receipts indicating the sources of the funds. §108.4. Transfer of Records and Property to Successor. Each officer shall transfer to his successor in office all books. Papers, records, documents and property, together with an invoice of the same, in his custody and appertaining to his office. §108.5. Powers and Duties of Mayor. The duties of the Mayor shall be as follows: A.The Mayor is the Chief executive officer of the city. Except for the supervisory duties which have been delegated by law to the city administrator, the mayor shall supervise all city officers and departments. The mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at any time. May 17, 1999 – Ordinance 2283 B.The Mayor shall act as presiding officer at all regular and special council meetings. The Mayor Pro-tem shall serve in this capacity in the Mayor’s absence. C.The Mayor may sign, veto, or take no action on an ordinance, amendment or resolution passes by the council. If the Mayor vetoes a measure, the Mayor must explain the reason for such veto to the council. The council may repass a measure over the Mayor’s veto by a two-thirds majority of the council members. D.The Mayor shall make appropriate provision that duties of any absentee officer be carried on during the Mayor’s absence. 2 E.The Mayor shall represent the city in all negotiations properly entered into in accordance with law or ordinance. The Mayor shall not represent the city where this duty is specifically delegated to another officer by law or ordinance. F.The Mayor shall, whenever authorized by the council, sign all contracts on behalf of the city. G.The Mayor shall call special meetings of the city council when the Mayor deems such meetings necessary to the interests of the city, or as and at a time requested by any three (3) council members. If the Mayor fails to call the special meeting on such request, any three (3) council members may call a special meeting. [June 14, 1988] H.The Mayor shall make such oral or written reports to the city council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for council action. I.Immediately after taking office the Mayor shall designate one member of the city council as Mayor Pro tempore. The Mayor pro tempore shall be vice-president of the council. Except for the limitations otherwise provided herein, the Mayor pro tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform the Mayor’s duties. In the exercise of the duties of the Mayor’s office the Mayor pro tempore shall not have power to employ or discharge from employment officers or employees that the Mayor has the power to appoint, employ or discharge. The Mayor pro tempore shall have the right to vote as a member of the Council. J.The Mayor shall, upon order of the city council, secure for the city such specialized and professional services not already available to the city. In executing the order of the city council he shall conduct himself in accordance with the city ordinances and the laws of the state of Iowa. K.The Mayor may appoint an administrative assistant to assist the mayor in matters of administration and supervision. L.The Mayor shall sign all licenses and permits, which have been granted by the council, except those designated by law or ordinance to be issued by another municipal officer. 3 M.Upon authorization of the council, the Mayor shall revoke permits or licenses granted by the council when their terms, the ordinances of the city, or the laws of the state of Iowa are violated by holders of said permits or licenses. N.The Mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by the marshal. O.Powers during emergency or public danger.When the Mayor determines that a time of emergency or public danger exists within the City, the Mayor may, by proclamation: 1)Declare a state of emergency; 2)Take command of the police and fire departments; 3)Govern the City; and 4)Exercise any and all emergency powers the Mayor may deem appropriate under the circumstances, including but not limited to the following: a)Direct emergency response activities by the police and fire departments and by such emergency services personnel as the Mayor may designate or appoint. b)Execute contracts for the emergency repair of public improvements should the same become necessary prior to the next regularly scheduled council meeting. c)Procure by purchase or lease, or authorize procurement by purchase or lease, of goods and services deemed necessary to the City’s emergency response efforts or for the repair of City buildings or facilities. d)Lease or authorize the lease of property deemed necessary for the City’s emergency response effort or for the continued operation of City government. e)Prescribe such restrictions, rules and regulations that the Mayor may deem appropriate during the time of emergency or public danger and the same shall be legal and binding and shall have the effect of law. 4 5)The penalty for violation of a mayoral proclamation shall be specifically provided in any proclamation issued by the Mayor pursuant to this chapter consistent with one of the following: a)A violation of a Mayoral proclamation evidencing the exercise of emergency powers, or of any rule or order issued pursuant thereto by the Mayor, law enforcement officer or emergency service personnel, shall constitute a violation of this section and shall be punishable as a simple misdemeanor as provided in Waukee Municipal Code Section 103.4(a). The Mayor may establish a fine for violations of the proclamation issued hereunder in an amount not to exceed the maximum fine provided in Waukee Municipal Code Section 103.4(a), however, if no fine is specified in the proclamation, the violation shall be subject to the penalties set forth in Waukee Municipal Code Section 103.4(a). b)A violation of a Mayoral proclamation evidencing the exercise of emergency powers, or of any rule or order issued pursuant thereto by the Mayor, law enforcement officer or emergency service personnel, shall constitute a violation of this section and shall be punishable as a municipal infraction as provided in Waukee Municipal Code Section 103.4(b). The Mayor may establish a civil penalty for violations of the proclamation issued hereunder in an amount not to exceed the maximum penalty(s) provided in Iowa Code Section 103.4(b). The procedure shall be as follows: i. A citation shall be issued to a violator, on a form approved by the City attorney. The civil penalty provided in the proclamation shall be due and payable within 30 days of the issuance of the citation to the City Clerk’s office. ii.Within 30 days of the issuance of the citation, the alleged violator may file a written notice of appeal with the City Clerk. Failure to file an appeal with the City Clerk as provided herein shall be deemed an admission of the violation and the civil penalty shall be considered due and delinquent. Delinquent and unpaid fines are subject to collection in any manner allowed by law. iii.In the event a timely written notice of appeal is filed with the City Clerk, a municipal infraction shall be issued pursuant to Waukee Municipal Code Section 5 103.4(b) and applicable Iowa Law. Upon the court’s determination that a violation occurred, in addition to the applicable civil penalty and other remedies allowed by law, the violator shall be responsible for court costs. 6)Mayoral proclamations issued pursuant to this Section shall remain in effect until withdrawn by the Mayor, provided however, that such proclamation shall be withdrawn by the Mayor, and the Mayor shall cease to exercise emergency powers hereunder at such time as the conditions giving rise to the emergency or public danger are no longer present. September 8, 2020 – Ordinance 2969 §108.6. Powers and Duties of the City Administrator. The duties of the City Administrator shall be as follows: A. Appointment and Term. The City Administrator shall be appointed by a majority vote of the council at a regular meeting of such body. The City Administrator shall hold office at the pleasure of the council and shall be subject to removal by a majority vote thereof. B. Compensation. The City Administrator shall receive such annual salary as the council shall, from time to time, determine by resolution, and time of payment shall be fixed in accordance with that for other Waukee municipal employees. C. Duties. The City Administrator is the chief administrative officer of the city. The duties of the City Administrator are as follows: 1.General. See that all resolutions, ordinances, laws, council and mayor directives and approved operational policies are both faithfully enforced and executed or referred to the proper official for compliance thereof. 2.Attend Council Meetings. Attend all meetings of the council unless otherwise excused by the mayor or council. 3.Recommendations. Recommend to the mayor and council such measures, as the City Administrator deems necessary or expedient for good efficient government, and the general welfare of the city. 4.Supervision. Have general responsibility for the supervision, direction, and administration of all departments, offices, employees, functions and services of the city, and be directly responsible to the council for the proper function of the same. 6 5.Liaison. Maintain liaison with citizens, businesses, developers, builders, engineers and other governmental agencies. 6.Contracts. Be responsible for the supervision and performance of all contracts for work and services to be done for the city, except as specified otherwise in said construction or service program involved. 7.Agreements; Contracts. Maintain an accounting of all obligations, agreements, commitments and contractual franchises involving the city and report to the mayor and council any deviations from the exact terms as specified. 8.Negotiations. Represent the city in all negotiations properly entered into in accordance with law or ordinance. 9.Purchasing. Direct the purchasing of all commodities, materials, supplies, capital outlay and services for all departments of the city that have been budgeted and appropriated by resolution of the council, and enforce a program to determine that such purchases are received and are of the quality and character called for in the order. 10.Appoint and Employ. Have the power to appoint or employ all officers and employees to fill authorized positions with the exception of the City Clerk, City Attorney and police department personnel. December 3, 2018 – Ordinance 2914 11.Suspension or Discharge of Employees. Have the power to suspend without pay or discharge summarily any officer or employee which the City Administrator has the power to appoint or employ, subject, however, to the provisions of the Veteran’s Preference Law, Chapter 35C of the Code of Iowa and applicable provisions of THE HANDBOOK FOR EMPLOYEES OF THE CITY OF WAUKEE and applicable Federal, State, or local law. December 3, 2018 – Ordinance 2914 12.Emergency Employees. Have the authority to employ any person for emergency purposes as deemed necessary for the welfare of the city, but in no case shall said employment be extended after the first council meeting following the date of employment, unless otherwise approved by vote of the council. 13.Buildings and Equipment. Supervise the management of all buildings, structures and land under the jurisdiction of the council, 7 and be charged with the care and preservation of all city-owned equipment, tools, machinery, appliances, supplies and commodities under the control of employees or departments, over which the City Administrator has, by this section, specific authority. 14.Financial Conditions. Keep the mayor and council fully advised of the financial and other conditions of the city. 15.Annual Budget. Prepare and submit to the mayor and council an annual budget in the manner as prescribed by law. 16.Business Affairs. See that all business affairs of the city are conducted by modern, approved methods and in an efficient manner. 17.Records. Be responsible at all times for the maintenance of accurate and current records of all affairs of the departments under the jurisdiction of the City Administrator, and in a form acceptable by the council. Copies of such reports shall be available for public inspection. 18.Council Committees. Assist the council committees in the execution of their reviews, investigations, reports and assignments, and provide administrative support in compliance with their directives. 19.Delegated Powers. Perform duties and have direct authority on all matters delegated by council action. 20.Administrative Support. Provide administrative support and assistance to the mayor and perform duties in the coordination of all phases of municipal activity as directed by the mayor and council. D. Residence. The City Administrator shall establish residence in the City of Waukee pursuant to terms agreed to upon appointment and confirmation. May 17, 1999 – Ordinance 2281 June 3, 2013 – Ordinance 2733 §108.7. Powers and Duties of the Treasurer. The duties of the treasurer shall be as follows: A.Custody of Funds. Be responsible for the safe custody of all funds of the city in the manner provided by law, and council direction, including all funds received or held in custody for any board or commission or agency 8 existing in the city created by council or the people including the following: 1.The Treasurer shall keep the record of each fund separate. 2.The Treasurer shall keep an accurate record of all money or securities received by the Treasurer on behalf of the municipality and specify date, from whom, and for what purpose received. 3.The Treasurer shall prepare a receipt in triplicate for all funds received. The Treasurer shall give the original to the party delivering the funds, send the duplicate to the clerk, and retain the triplicate. 4.The Treasurer shall keep an accurate, separate account of all disbursements, money or property, specifying date, to whom, and from what fund paid. 5.The Treasurer shall immediately upon receipt of monies to be held in the Treasurer’s custody and belonging to the city, deposit the same in banks selected by the city council in amounts not exceeding monetary limits authorized by the city council. B. Reconciliations, Reports. Reconcile the bank statements with the City’s books and certify monthly to the council the balance of cash and investments of each fund and amounts received and disbursed. C. Debt Service. Keep a register of all bonds out standing and record all payments made of interest and principal. D. Investments. Advise the council on investments and shall invest city monies not immediately needed at interest in accordance with Council directives and the requirements of Section 452,10, of the Iowa Code. The treasurer shall determine the anticipated level of bank deposits for making the depository declaration to the State Treasurer as required by Chapter 453 of the Iowa code. E. Records. Keep such books as will account for all funds of the City including any warrants out at interest, and call such warrants at the earliest opportune time. F. Minutes. Shall keep the minutes of the regular Council meeting of each month. G. Budget. Assemble all departmental budget requests and assists in the preparation of the budget. 9 H. Bills. Coordinate the payment of all city bills, including the payroll. I. Collection. Collect delinquent utility bills. J.Perform such other duties as specified by the Council by Resolution or Ordinance. [August 13, 1991] §108.8. Powers and Duties of the Police Chief. The duties of the police chief shall be as follows: A.The Police Chief shall wear upon the Chief’s outer garment and in plain view a metal badge engraved with the name of the office, and such uniform as may be specified by the council. B.The Police Chief shall assist the city attorney in prosecuting any persons for the violation of an ordinance by gathering all the facts and circumstances surrounding the case. C.The Police Chief shall be sergeant-at-arms of the council chamber when requested by the council. D.The Police Chief shall report to the council upon the chief’s activities as police chief when requested. E.The Police Chief shall protect the rights of persons and property, preserve order at all public gatherings, prevent and abate nuisances, and protect persons against every manner of unlawful disorder and offense. F.The Police Chief shall have charge of the city jail when such is provided and of all persons held therein. The chief shall execute all orders of the court referring to the jail. The chief shall feed and shelter persons jailed in the usual manner and as required by law. When no city jail is provided, the police chief shall convey any person requiring detention to the county jail as provided by law and agreements with the county. G.The Police Chief shall, whenever any person is bound over to the district court, convey the prisoner to the county jail. H.The Police Chief shall execute all lawful orders of any board or commission established by the city council. I.The Police Chief shall, when requested, aid other municipal officers in the execution of their official duties. 10 J.The Police Chief shall restrain and prevent sheep, swine, horses, cattle, fowl, dogs, cats and other animals from running at large within the limits of the corporation. K.The Police Chief shall report all motor vehicle accidents he investigates in the regular course of duty to the Iowa Department of Public Safety as provided by law. L.The Police Chief shall keep a record of all arrests made in the city by police officers. The Police Chief shall record whether said arrest was made under provisions of the laws of the state of Iowa or ordinances of the city. The record shall show the offense for which arrest was made, who made the arrest, and the disposition made of the charge. M.The Police Chief shall have the authority to purchase items he deems necessary for his department not to exceed $500 per purchase for the administration of his office without prior council approval. [September 12, 1989] §108.9. Powers and Duties of the City Attorney. The duties of the City Attorney shall be as follows: A.The following duties shall be included on a retainer basis: 1.The City Attorney shall be so situated in a convenient location to maintain necessary coordination with the general governmental activities of the municipality. 2.The City Attorney shall attend every regular meeting of the city council and attend those special meetings of the city council at which the City Attorney he is required to be present. 3.The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings, which may be required for the use of the city. 4.The City Attorney shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defended by the city attorney accompanied by all proceedings relating to said actions. 5.The City Attorney shall, upon request, give the attorney’s opinion in writing upon all questions of law relating to municipal matters submitted by the city council, the mayor, members of the city council individually, municipal boards or the head of any municipal department. 11 B.The following duties shall be performed at the council’s request and on a per diem basis: 1.The City Attorney shall prepare those ordinances which the city council may desire and direct to be prepared and report to the council upon all ordinances before their final passage by the city council and publication. 2.The City Attorney shall act as attorney for the city in all matters affecting the city’s interest and appear on behalf of the city before any court, tribunal, commission or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the mayor or city council. 3.The City Attorney shall not appear on behalf of any municipal officer or employee before any court or tribunal for the purely private benefit of said officer or employee. The City Attorney shall, however, if directed by the council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment. 4.The City Attorney shall sign the name of the city to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the city shall be bound upon the same. 5.The City Attorney shall make a written report to the city council and interested department heads of the defects in all contracts, documents, authorized power of any city officer, and ordinances submitted to the City Attorney or coming under the City Attorney’s notice. 6.The City Attorney shall make an annual report in writing to the city council prior to the tenth day of the first month of every year, which report shall contain a record of every legal matter considered by the City Attorney during the course of the year, the disposition made of all legal matters considered, and recommendations concerning any matters pending which may interest the city. 7.The City Attorney shall, after due examination, offer a written opinion on and recommend alternation pertaining to contracts involving the city before they become binding upon the city or are published. 12 §108.10. Powers and Duties of the Fire Chief. The duties of the fire chief shall be as follows: A.The Fire Chief shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the fire chief. B.The Fire Chief shall enforce all rules and regulations established by the council for the conduct of the affairs of the fire department. C.He shall exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department. D.The Fire Chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings. E.The Fire Chief shall make monthly written reports on or before the fifth day of each month to the mayor and city council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the mayor or the city council. The Fire Chief shall compile an annual report based upon the records maintained by the dire department and summarizing the activities of the fire department for the year. This report shall be filed with the mayor. The annual report shall also contain recommendations for the improvement of the department. F.The Fire Chief shall enforce all ordinances and, where enabled, state laws regulating the following: 1.Fire prevention 2.Maintenance and use of fire escapes 3.The investigation of the cause, origin and circumstances of fires 4.The means and adequacy of exit in case of fire from halls, theatres, churches, hospitals, asylums, lodging houses, schools, factories, and all other buildings in which the public congregates for any purpose. 13 5.The installation and maintenance of private fire alarm systems and fire extinguishing equipment. G.The Fire Chief shall have the right, during reasonable hours and upon consent of the occupant, to enter any building or premises within the Chief’s jurisdiction for the purpose or making such investigation or inspection which under law or ordinance the Chief may consider necessary to be made and is reasonably necessary to protect the public health, safety and welfare. H.The Fire Chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards. I.The Fire Chief shall, at the request of the state fire Marshall, and as provided by law, aid said Marshall in the performance of the state fire Marshall’s duties by investigating, preventing and reporting data pertaining to fires. J.The Fire Chief shall have the authority to purchase items he or she deems necessary for his or her department not to exceed $500.00 per purchase for the administration of his or her office, without prior council approval. [May 24, 1993] §108.11. Powers and Duties of the Health Officer. The duties of the City Health Officer shall be as follows: [January 10, 1984] A.The City Health Officer shall be the medical and sanitary advisor to the council. B.The City Health Officer shall make, or cause to be made, upon order of the city attorney, physical examinations of any person claiming to have received injuries for which the city may be liable. Upon order of the appointing authority, the City Health Officer shall make, or cause to be made, physical examinations of employees or prospective employees of the city. [January 10, 1984] C.The City Health Officer shall inspect premises upon complaints received, upon request of proper officers, the mayor, or council, or upon the City Health Officer’s own initiative and at times required by ordinance or law for compliance with health regulations. The City Health Officer shall, upon finding violations of the law or ordinance, take action to correct such violations in accordance with provisions for correction of violations established by law or ordinance. 14 D.The City Health Officer shall issue such licenses and permits as are required of the health officer by ordinance. §108.12. Powers and Duties of the Public Works Director. The duties of the Public Works Director shall be as follows: A.Direct, supervise and assist a construction and maintenance crew in construction, repairing or maintaining trees, buildings, culverts, curbs and sidewalks, storm drains, catch basins, and other public works structures, install water meters and lines and maintain same. B.Direct and assist in installation of gas meters and lines and maintain same. C.Direct and perform general maintenance on City owned equipment. D.Supervise and assist in the oiling of roads, blacktopping, the removal of trees and the mowing of weeds. E.Supervise and assist in the removal of snow. F.Supervise and assist in the operation, maintenance and testing of the sewage system. G.The Public Works Director shall have the authority to purchase items he deems necessary for his department not to exceed $1,000.00 per purchase for the administration of his office, without prior council approval. [May 4, 1992]